ParkingEye parking ticket - No LBCCC received - Now at counter claim

Gerrard00004

Hi all,

I have read through the Newbie thread and other ParkingEye threads but am unsure on the best way to proceed.

Firstly, I will apologise in advance for any vagueness in my post. The parking ticket was addressed to my GF and I have only become aware of it.

My GF has put in a counterclaim and from the Defence pack she has received, I provide the Timeline as I understand it. My GF defence is that she paid for parking via her phone but entered the incorrect registration and also wrong location.
Please note I have changed the dates but they are consistent with the actual timeline.

(Defence pack)
Date of event - 01/08/24
Date PCN issued - 05/08/24
GF appealed - 09/08/24 - website appeal
Response to appeal - 20/08/24 - Letter has no address and includes a POPLA Ref# and offered a reduced fine amount of £20.00. The letter also states that if she was to submit an appeal to POPLA and the appeal was unsuccessful the full charge amount will be pursued. 
LBCCC - 12/10/24 - My GF is adamant that she never received this.

Defence pack - 12/01/25
Without prejudice - 12/01/25 - willing to accept a lower sum to settle the outstanding claim.

Not in the defence pack.

CNBC Claim form - 19/12/24

Apart from her basic appeal and paying for the counterclaim I am not aware of any other correspondence. No forms filled out etc.

Again, I appreciate the vagueness of the alledged offence. Any advice would be appreciated.

Thanks


           

ChirpyChicken

The counter claim will fail. Waste of money 

Gr1pr

No offence was committed,  just an alleged breach of the parking contract,  a major keying error 

I don't see any legal grounds for any counter claim,  so I too believe that it will fail and be a waste of her money 

Le_Kirk

An offer of £20 is he correct response to a "major keying error" which is what they call any wrong keying error or selecting the wrong VRM in an app.  Suggest your GF strongly considers paying it unless she has a REALLY good reason for selecting the wrong VRM.

Coupon-mad

Gerrard00004 said:

Hi all,

I have read through the Newbie thread and other ParkingEye threads but am unsure on the best way to proceed.

Firstly, I will apologise in advance for any vagueness in my post. The parking ticket was addressed to my GF and I have only become aware of it.

My GF has put in a counterclaim and from the Defence pack she has received, I provide the Timeline as I understand it. My GF defence is that she paid for parking via her phone but entered the incorrect registration and also wrong location.
Please note I have changed the dates but they are consistent with the actual timeline.

(Defence pack)
Date of event - 01/08/24
Date PCN issued - 05/08/24
GF appealed - 09/08/24 - website appeal
Response to appeal - 20/08/24 - Letter has no address and includes a POPLA Ref# and offered a reduced fine amount of £20.00. The letter also states that if she was to submit an appeal to POPLA and the appeal was unsuccessful the full charge amount will be pursued. 
LBCCC - 12/10/24 - My GF is adamant that she never received this.

Defence pack - 12/01/25
Without prejudice - 12/01/25 - willing to accept a lower sum to settle the outstanding claim.

Not in the defence pack.

CNBC Claim form - 19/12/24

Apart from her basic appeal and paying for the counterclaim I am not aware of any other correspondence. No forms filled out etc.

Again, I appreciate the vagueness of the alledged offence. Any advice would be appreciated.

Can she log into MCOL to see the defence and counterclaim she put in, assuming she did it online?

Is this a DCB Legal claim form and POC, or a ParkingEye in-house claim? You can see on page 1 of the claim form. We need to see that too (redacted of the 4 things you see on every claim form shown here).

We need to see that claim form (or just the POC) and the defence please.

Sorry to say that the counterclaim will probably fail but hopefully - if it is DCB Legal? - the claim will be discontinued (they'll probably email a few times first - she could always agree to discontinue the counterclaim if they discontinue the claim).

She's probably at Mediation phone call stage now if she's filled in her N180 yet?

Nobody means 'pay the claim in full' BTW! But at Mediation she might want to make a £10 then £20 offer to settle.

Coupon-mad

Here's another ParkingEye thread today with the Claim form (redacted), let's see yours!

https://forums.moneysavingexpert.com/discussion/comment/81362776/#Comment_81362776

and the defence she put in, please. We want to help. Here's what she should have done:

https://forums.moneysavingexpert.com/discussion/6596887/parkingeye-fitness-first-wigan-ccj-defence-help-needed-please#latest

Let's see her defence though. We'll get her back on track but need to see the defence and claim form to know how to advise best. 

Gerrard00004

Coupon-mad said:

Gerrard00004 said:

Hi all,

I have read through the Newbie thread and other ParkingEye threads but am unsure on the best way to proceed.

Firstly, I will apologise in advance for any vagueness in my post. The parking ticket was addressed to my GF and I have only become aware of it.

My GF has put in a counterclaim and from the Defence pack she has received, I provide the Timeline as I understand it. My GF defence is that she paid for parking via her phone but entered the incorrect registration and also wrong location.
Please note I have changed the dates but they are consistent with the actual timeline.

(Defence pack)
Date of event - 01/08/24
Date PCN issued - 05/08/24
GF appealed - 09/08/24 - website appeal
Response to appeal - 20/08/24 - Letter has no address and includes a POPLA Ref# and offered a reduced fine amount of £20.00. The letter also states that if she was to submit an appeal to POPLA and the appeal was unsuccessful the full charge amount will be pursued. 
LBCCC - 12/10/24 - My GF is adamant that she never received this.

Defence pack - 12/01/25
Without prejudice - 12/01/25 - willing to accept a lower sum to settle the outstanding claim.

Not in the defence pack.

CNBC Claim form - 19/12/24

Apart from her basic appeal and paying for the counterclaim I am not aware of any other correspondence. No forms filled out etc.

Again, I appreciate the vagueness of the alledged offence. Any advice would be appreciated.

Can she log into MCOL to see the defence and counterclaim she put in, assuming she did it online?

Is this a DCB Legal claim form and POC, or a ParkingEye in-house claim? You can see on page 1 of the claim form. We need to see that too (redacted of the 4 things you see on every claim form shown here).

We need to see that claim form (or just the POC) and the defence please.

Sorry to say that the counterclaim will probably fail but hopefully - if it is DCB Legal? - the claim will be discontinued (they'll probably email a few times first - she could always agree to discontinue the counterclaim if they discontinue the claim).

She's probably at Mediation phone call stage now if she's filled in her N180 yet?

Nobody means 'pay the claim in full' BTW! But at Mediation she might want to make a £10 then £20 offer to settle.

Thank you @coupon-mad (and others) for your reply.
Unfortunately, I do not have a copy of the Claim Form to hand, my GF does not live with me so I am waiting for her to email a copy to me. I have a photograph of part of the claim and I can confirm the claimant is Parking Eye Ltd. 

The PoC from what I can see are as follows;

?????? means I can not see the wording.

Claim for monies outstanding from the defendant in relation to a parking charge (Ref# xxxxxx) issued on xx/xx/xxxx. The signage clearly displayed throughout Alfred Place, Leicester, LE1 1EB states that this is private land, managed by ParkingEtye Ltd. and that it is subject to terms and conditions, including the payment of parking tariffs, by ??????? those who park agree to be bound  (the ????????). ParkingEye's ANPR system captured (??????) registration entering and leaving the site (??????????????? date) and parking without a valid (??????) ticket.

it then goes onto refer to my GF not taking up the option to appeal to POPLA. 

At present I am only knowledged on her initial appeal to PE, which is very basic and actually factually incorrect - as the Place of parking and vehicle reg. were wrong.
Defence pack states;
Reason for appeal: I paid for parking.
Appeal details: Hi I used the PaybyPhone to pay for parking.
The defence pack details a PaybyPhone receipt for the wrong location and the wrong Vehicle Reg. I would expect her counterclaim to be just as basic.

As it stands she is yet to complete the N180. 

My interpretation of your advice is that she completes her N180 and enters mediation?
Because of the lack of substance to my GF counter claim, I would not expect them to dis-continue the claim, your thoughts?

Thanks again.

Johnersh

Ok, so the o/p's GF paid and agreed a contract to park in an entirely different car park *and* to boot, in an entirely different car.

I can see why the PPC don't regard this double error as minor, which is not to say that in a rush or borrowing a partner's car, such typos aren't easy to make. If it is possible to exit for a low fee as @Coupon-mad suggests that would likely be a decent outcome and certainly more time efficient 

The defendant may be able to argue no loss successfully, but I cannot see any counterclaim is likely to succeed as the court is likely to find that the op's GF is, unfortunately, the author of her misfortune. 

fisherjim

As above, if she paid to park in the wrong car park it is fair to assume that the landowner of that car park, if different, did not receive any payment for the parking event, another landowner may have received payment for it. So the original landowner did lose out!

The £20 major error charge can be seen as a legitimate admin cost for Parking Eye to recover in this instance and I would go with it.

I cannot see what she can counter claim for it's just futile, and will cost her.

Coupon-mad

Yes - at mediation phone call stage - she should make an offer and then (as a second offer) say she'll drop her counterclaim if they agree. Start at £20 but move up in £10 increments.

They'll probably accept £60 in the end, IMHO.

DO NOT OFFER THAT FIRST.

DO NOT OFFER 3 FIGURES.

This is a PEye in-house claim so they won't drop it later on. Mediation settles it.